Title: Is It Permissible to Authorize the Registration of Marriage?

Attorney Le Van Dai, Khanh Hung Law Firm - Hanoi Bar Association, addresses Ms. Thuy's inquiry as follows:

According to Articles 11, 12, 14 of the Law on Marriage and Family 2014 (LMF):

Marriage must be registered and performed by a competent state agency (referred to as the marriage registration agency) according to the procedures specified in Article 14 of this Law. Any marriage ceremony not in accordance with Article 14 of this Law has no legal validity.

Male and female partners who live together as husband and wife without registering their marriage are not recognized by law as husband and wife. Divorced couples who wish to remarry must also register their marriage.

- Authority for marriage registration: The Commune-level People's Committee (CPC) of the residence of either party to the marriage is the marriage registration agency.

Diplomatic representative agencies, Vietnamese consular offices abroad are the agencies responsible for registering marriages between Vietnamese citizens abroad.

- Marriage ceremony: When organizing the marriage registration, both male and female parties must be present. The representative of the marriage registration agency will ask both parties about their voluntary intention to marry; if both agree, the representative will issue the Marriage Certificate to both parties.

Marriage Registration Procedures

The marriage registration procedures are prescribed in Article 18 of Decree 158/2005/ND-CP, amended in Clause 2, Article 1 of Decree No. 06/2012/ND-CP as follows:

When registering the marriage, both parties must submit a declaration form (as per the prescribed format) and present their Identity Cards.

In cases where one party resides in one commune and registers marriage in another commune, a certification of marital status from the CPC of their residence is required.

For those returning from a period of work, study, or labor abroad to register marriage, a certification of marital status from the Vietnamese Diplomatic or Consulate Office at the place of residence is required.

For officers and soldiers working in the armed forces, the head of their unit must certify their marital status.

This certification of marital status can be directly endorsed on the marriage registration form or provided as a separate marital status certification document.

Certification of marital status is valid for 6 months from the date of certification.

Within 3 days from the date of receiving complete and valid documents, if both parties meet the marriage conditions as per the Law on Marriage and Family, the CPC will register the marriage.

If verification is necessary, the above time limit may be extended by no more than 5 days.

Both parties must be present when registering the marriage. The CPC representative will ask both parties about their voluntary intention to marry; if both agree, the civil registrar will enter the marriage into the registry and issue the Marriage Certificate. Both parties will sign the Marriage Certificate and the registration book; the CPC Chairman will sign and issue the official Marriage Certificate to each party, and explain the rights and obligations of husband and wife according to the Law on Marriage and Family. A copy of the Marriage Certificate will be provided upon request.

Authorization

Article 10 of Decree 158/2005/ND-CP, amended in Clause 3, Article 1 of Decree 06/2012/ND-CP, prescribes the authorization for civil registration as follows: Individuals requesting civil registration (except for marriage registration, guardianship registration, and parent-child acknowledgment registration) or requesting the issuance of civil status documents may authorize another person to perform the task. The authorization must be in writing and legally authenticated.

If the authorized person is the grandparent, parent, child, spouse, sibling of the authorizing individual, no written authorization is needed, but proof of the relationship must be presented.

In the case of Ms. Trinh Thi Thuy, who has held a wedding ceremony but has not completed the marriage registration procedures at a competent marriage registration agency, as of now, they are not legally recognized as husband and wife.

Marriage registration is a personal relationship that creates legal rights and obligations which only the involved parties have the right to decide upon, thus it cannot be delegated to others. When establishing a marital relationship, both parties must be physically present at the marriage registration agency to express their voluntary intent to marry and cannot delegate someone to act on their behalf.

Based on Article 10 of Decree No. 158/2005/ND-CP, amended in Clause 3, Article 1 of Decree No. 06/2012/ND-CP, the four cases not permitted for civil registration delegation are: marriage registration, guardianship registration, and parent-child acknowledgment registration. Thus, the couple cannot delegate to their parents to perform the marriage registration on their behalf.

If the couple is living together at their temporary residence and truly cannot arrange time to register marriage at their permanent residence, they may register marriage at their temporary residence, but they must have a marital status certification from the CPC of their permanent residence.

Based on Article 10 of Decree 158/2005/ND-CP, amended in Clause 3, Article 1 of Decree No. 06/2012/ND-CP, the request for a marital status certification is a delegated civil registration task. The parents of the couple only need to provide proof showing they are the biological parents (such as the family household registration book or birth certificate) to request the CPC where the permanent residence is registered to issue a marital status certification for the couple (without needing an authenticated power of attorney).

Once the parents send the marital status certification of the CPC from the permanent residence to the couple, they can register the marriage at the CPC of the temporary residence as per Clause 1, Article 18 of Decree 158/2005/ND-CP (as mentioned above).

The couple should also note that according to the laws on marriage and family and on civil registration and management, the unit where they work does not have the authority to register their marriage.

According to the Online Newspaper of the Government of Vietnam

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